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Obstetrics and malpractice. Evidence on the performance of a selective no-fault system
R R Bovbjerg1, L R Tancredi, D S Gaylin
1Urban Institute, Washington, DC 20037.
JAMA
|June 5, 1991
Summary
An alternative insurance system using accelerated-compensation events could replace most obstetrics malpractice litigation. This approach is feasible, potentially covering most claims and saving costs while improving injury resolution.
Area of Science:
- Medical Malpractice Law
- Health Insurance Systems
- Obstetrics and Gynecology
Background:
- Most obstetrics malpractice litigation is costly and adversarial.
- Existing systems struggle with timely and fair resolution of medical injuries.
- Accelerated-compensation events offer a potential alternative framework.
Purpose of the Study:
- To evaluate the feasibility and impact of accelerated-compensation events in obstetrics.
- To test the application of this system on a large obstetrics malpractice claims database.
- To address prior conceptual criticisms of the accelerated-compensation events model.
Main Methods:
- Development and application of accelerated-compensation event criteria by medical experts.
- Analysis of a large database of obstetrical malpractice claims.
- Comparison of outcomes under the proposed system versus traditional litigation.
Main Results:
- Accelerated-compensation events are feasible to develop and implement.
- The system could cover approximately two-thirds of paid claims and three-quarters of indemnity dollars.
- Significant savings in time and expense per case are likely.
- The system is unlikely to introduce an unmanageable number of large new claims.
Conclusions:
- Accelerated-compensation events present a viable alternative to traditional malpractice litigation in obstetrics.
- This system has the potential to improve injury prevention and resolution.
- The findings support the practical application of accelerated-compensation events, refuting prior criticisms.